Out Of Status Student

[MrPinkman 0]

Hello everyone,

See i understand that there are guides on this forum probably detailing my situation, but there's something about getting a direct response - it creates a sense of hope (no matter how false). Bear with me

I'm new to the Forum. I graduated college Dec. 17 2011 and applied for a EAD card using my DSO's help. I was asked for RFE due to a birth date typo on my I-20. Shortly after, I was denied because apparently the initial application arrived "1 day" later than the 30 days time frame (DSO's error, not mine). DSO & I tried to get OPT denial overturned, but to no avail. Received the denial letter on April 3rd, 2012.

I'm 25, Born to a Nigerian Mum & Haitian Father & currently reside in Ohio with good friends ! I came here legally . My family does decent & so I've mooched of my dad since birth, with only one "serious" position were I worked in school in the registrar's office. (don't judge) !

My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions :

1) When exactly does one fall out of status ? In my case would it be after graduation or the date of OPT denial ?

2) I hear the USCIS issues Green Cards on the basis of quotas', what are some key things people do to screw themselves over when interviewing that you think we should avoid ?

3) How long can I stay out of status until we move forward with the marriage ? She wants her brother to get back from the army sometime later in the year but I'm losing mind waiting.

Looking forward to your responses,

And thanks for the community - I feel better knowing there's many of "us" out there.

[jdh 103]

Hello everyone,

See i understand that there are guides on this forum probably detailing my situation, but there's something about getting a direct response - it creates a sense of hope (no matter how false). Bear with me

I'm new to the Forum. I graduated college Dec. 17 2011 and applied for a EAD card using my DSO's help. I was asked for RFE due to a birth date typo on my I-20. Shortly after, I was denied because apparently the initial application arrived "1 day" later than the 30 days time frame (DSO's error, not mine). DSO & I tried to get OPT denial overturned, but to no avail. Received the denial letter on April 3rd, 2012.

I'm 25, Born to a Nigerian Mum & Haitian Father & currently reside in Ohio with good friends ! I came here legally . My family does decent & so I've mooched of my dad since birth, with only one "serious" position were I worked in school in the registrar's office. (don't judge) !

My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions :

1) When exactly does one fall out of status ? In my case would it be after graduation or the date of OPT denial ?

2) I hear the USCIS issues Green Cards on the basis of quotas', what are some key things people do to screw themselves over when interviewing that you think we should avoid ?

3) How long can I stay out of status until we move forward with the marriage ? She wants her brother to get back from the army sometime later in the year but I'm losing mind waiting.

Looking forward to your responses,

And thanks for the community - I feel better knowing there's many of "us" out there.

1. I am not positive with your situation...is your original visa out of date?

2. This is false - there is not limit or wait list for the spouse of a US citizen.

3. You can stay out of status however long you want, but there is a catch. If you ended up not marrying and left you would be banned from entering for years to come. If you do get married apply and for some reason were denied, you would have to leave and be banned. If you are absolutely sure about spending the rest of your life with this person it isn't as big a deal - most folks are approved and the overstay in effect is dismissed. But there is that risk...

[pasportit 7]

1. I am not positive with your situation...is your original visa out of date?

2. This is false - there is not limit or wait list for the spouse of a US citizen.

3. You can stay out of status however long you want, but there is a catch. If you ended up not marrying and left you would be banned from entering for years to come. If you do get married apply and for some reason were denied, you would have to leave and be banned. If you are absolutely sure about spending the rest of your life with this person it isn't as big a deal - most folks are approved and the overstay in effect is dismissed. But there is that risk...

What he said

Make sure you are absolutely positive about marriage.

[MrPinkman 0]

Yes, my visa has been expired for 2 years, but I-20 and everything else was valid until denial decision by USCIS.

Thanks for the response

[DandT14 272]

My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions

This brings up a question I've had for awhile. Would saying that in an interview get a person in trouble? I think we all know that many people, who are "real" couples, might speed up their wedding date because of citizenship issues. But if you come right out and say it, is it a problem?

[pasportit 7]

This brings up a question I've had for awhile. Would saying that in an interview get a person in trouble? I think we all know that many people, who are "real" couples, might speed up their wedding date because of citizenship issues. But if you come right out and say it, is it a problem?

I think it is important that you want to get married for the right reasons, and it's ok if you rush a bit because you want your spouse to be happier when she/he can work. I don't think that GC should be the primarily reason you are getting married.

[engineer21 51]

Yes, my visa has been expired for 2 years, but I-20 and everything else was valid until denial decision by USCIS.

Thanks for the response

For F-1 students the visa does not control status.

As long as I-20 is valid and the student is enrolled in school (or doing OPT).

F-1s also get a 60 day grace period from the completion of their studies.

So the end of your authorized stay was graduation + 60 days.

As mentioned before, overstay is usually forgiven for spouses and other immediate relatives of US citizens.

[DC85 113]

This brings up a question I've had for awhile. Would saying that in an interview get a person in trouble? I think we all know that many people, who are "real" couples, might speed up their wedding date because of citizenship issues. But if you come right out and say it, is it a problem?

if you mention that during the interview, it will rise a red flag. even though they know that sometimes the date of marriage is decided because of an immigration issue, u shouldn't mention that

[Darnell 8,478]

My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions :

Please to file an adjustment of status case,

and in the cover letter, clearly state - 'My wife and I are filing because we married for me to receive an immigration benefit' .

Good Luck to you !

[Anh map 2,098]

If you are wanting to work as soon as possible, then marriage and adjusting status is the way to go. You don't have many other options.

Nothing wrong with a quick justice of the peace wedding and then the big party later when all the family is at home.

It was your form with the typo. No matter who helped you proofread and/or prepare, the responsibility rests on your shoulders. Time to step out from under your parents' wings and take responsibility. (end of brief lecture)